State Codes and Statutes

Statutes > Utah > Title-31a > Chapter-21 > 31a-21-106

31A-21-106. Incorporation by reference.
(1) (a) Except as provided in Subsection (1)(b), an insurance policy may not contain anyagreement or incorporate any provision not fully set forth in the policy or in an application orother document attached to and made a part of the policy at the time of its delivery, unless thepolicy, application, or agreement accurately reflects the terms of the incorporated agreement,provision, or attached document.
(b) (i) A policy may by reference incorporate rate schedules and classifications of risksand short-rate tables filed with the commissioner.
(ii) By rule or order, the commissioner may authorize incorporation by reference ofprovisions for:
(A) administrative arrangements;
(B) premium schedules; and
(C) payment procedures for complex contracts.
(c) (i) A policy of title insurance insuring the mortgage or deed of trust of an institutionallender may, if requested by an institutional lender, incorporate by reference generally applicablepolicy terms that are contained in a specifically identified policy that has been filed with thecommissioner.
(ii) As used in Subsection (1)(c)(i), "institutional lender" means a person that regularlyengages in the business of making loans secured by real estate.
(d) A policy may incorporate by reference the following by citing in the policy:
(i) a federal law or regulation;
(ii) a state law or rule; or
(iii) a public directive of a federal or state agency.
(2) A purported modification of a contract during the term of the policy may not affectthe obligations of a party to the contract:
(a) unless the modification is:
(i) in writing; and
(ii) agreed to by the party against whose interest the modification operates; and
(b) except:
(i) as provided in:
(A) Subsection (3) or (4);
(B) Subsection 31A-8-402.3(9);
(C) Subsection 31A-22-721(10); or
(D) Subsection 31A-30-107(8); or
(ii) as otherwise mandated by law.
(3) Subsection (2) does not prevent a change in coverage under group contracts resultingfrom:
(a) provisions of an employer eligibility rule;
(b) the terms of a collective bargaining agreement; or
(c) provisions in federal Employee Retirement Income Security Act plan documents.
(4) Subsection (2) does not prevent a premium increase at any renewal date that isapplicable uniformly to all comparable persons.

Amended by Chapter 252, 2003 General Session